Firdaus Muslim, Kaharudin, Muh. Risnain

Abstract:

This study aims to find out and analyze the regulation of mechanisms for resolving public information disputes based on legislation and regulations No. 2 of 2011. This research is a normative study. The research method is carried out through a problem approach which is a regulatory approach and a conceptual approach. Legal materials that have been collected were analyzed using descriptive qualitative analysis. The results of this study are that the resolution of public information disputes in Indonesia can be done through 2 (two) stages, namely through the Information Commission and through the Court. Public information dispute resolution through the Central / City / Regency Information Commission is conducted if the superior response of the Information Management Officer and Documentation does not satisfy the Public Information Applicant. While the resolution of public information disputes through the court can be done if the Public Information Applicant does not receive or is dissatisfied with the Information Commission Decision. If the objection is submitted to the District Court, the District Court has the authority to adjudicate disputes submitted by Public Agencies other than State Public Agencies and / or Information Applicants requesting information from Public Agencies other than State Public Agencies, while the Administrative Courts have the authority to adjudicate disputes that submitted by the State Public Agency and / or the Information Applicant requesting information from the State Public Agency. In terms of the mechanism for resolving Public Information disputes in the Court based on the Supreme Court Regulation No. 2 of 2011 concerning Procedures for Settling Public Information Disputes in Courts, namely Parties can submit objections in writing to either the District Court or the State Administrative Court. What determines the path used is the status of who is sued? If the defendant is a State Public Agency, the route is through the Administrative Court, on the contrary if the defendant of the non-state Public Agency used is the General Court.

Keywords: settlement, disputes, public information

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